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HomeMy WebLinkAboutA004 - Attorney's Opinion dated May 17, 2016 ATTORNEY'S OPINION I,Brian D.Torresi,hereby state that I am an Attorney at Law,duly admitted to the practice of law in the State of Iowa, and an attorney at the Davis Brown Law Firm with offices at 2605 Northridge Parkway, Suite 101,Ames, Story County,Iowa. I further state that I have examined the Abstract of Title to the following-described real estate,to-wit: Lot Two (2), Sunset Ridge Subdivision Third Addition, Ames, Story County, Iowa (the "Real Estate") from the root of the title thereof, down to and including the 1 st day of April, 2016,last certified by Abstract and Title Services of Story County,Ames,Iowa(Iowa Title Guaranty Division Member#8650). The Real Estate has now been subdivided and is now known as SUNSET RIDGE SUBDIVISION SEVENTH ADDITION,AMES, STORY COUNTY, IOWA. Based upon information within said Abstract of Title,it is my opinion that the fee simple title to the Real Estate is vested in Hunziker Land Development Company,L.L.C. The Real Estate is free from encumbrances excepting, however,that the Real Estate is subject to the following: 1. Easements of record and to zoning ordinances of the City of Ames,Iowa; 2. That certain Agreement Pertaining to the Subdivision Platting and Development of Land in the City of Ames Called Sunset Ridge Subdivision (the "Agreement") dated June 14, 2005, and filed in the office of the Recorder of Story County, Iowa, on October 10, 2005, as Instrument No. 05-12720, as the Agreement was supplemented by that certain Supplemental Agreement Pertaining to the Sunset Ridge Subdivision dated April 27,2010,and filed in the office of the Recorder of Story County,Iowa,on May 4,2010,as Instrument No. 10-03916,and as the Agreement was further supplemented by that certain Second Supplemental Agreement Pertaining to the Sunset Ridge Subdivision dated October 23, 2012, and filed in the office of the Recorder of Story County, Iowa, on February 20, 2013, as Instrument No. 13-01932; and 3. That certain Open-End Mortgage in the amount of$4,000,000.00 given to Ames Community Bank dated November 29,2011,and filed in the office 5 of the Recorder of Story County, Iowa, on December 2, 2011, as Instrument No. 11-12128. Dated this III day of May, 2016. DAVIS BROWN LAW FIRM By: �— Brian D. Torresi, Attorney Iowa Title Guaranty Member No. 10046